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City Commissioner Sues Lawn Company for Breach of Contract

An Orlando City Commissioner is suing an Orlando lawn company for breach of contract, according to a lawsuit filed on Monday in the Orange County Court.

Commissioner Daisy Lynum (District 5), the plaintiff, filed a lawsuit against Orlandoscape Inc., of 6210 Old Winter Garden Road, seeking damages to the tune of $15,000.

According to the lawsuit, Lynum, purchased and pre-paid for 10 pallets of sod at a cost of $1,087.20, and the defendant, Orlandoscape Inc., “Knowingly delivered bad or dead sod to the Plaintiff’s residence on June 8th 2010.”

The suit states that Lynum’s landscaper for more than 25 years attempted to save the dead sod by “quickly laying and watering it, but to no avail.”  The landscaper describes the sod as “brown and “apparently dead on delivery.”

Numerous attempts to get replacement sod from Orlandoscape Inc. have failed and up until the lawsuit was filed last Monday, there has been no refund or replacement of the sod, the suit states.

“The Defendant has received the benefit of $1,087.20 without the Plaintiff receiving anything in return,” and “this violation has caused harm and undue loss of $1,987.20 upon the Plaintiff,” the lawsuit indicated.  “It is unjust for Defendant to not have followed through on its promise to replace the bad sod”, the suit states.

West Orlando News Online reached out to Orlandoscape Inc., for comment on the lawsuit, but up until publication, no one was available to do so.

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2 COMMENTS

  1. Good for you, Commissioner Lynum! Businesses will continue to take part in bad practices if no one ever stands up to them. Delivering dead sod is completely unacceptable and they had to have known it was dead when they delivered it. Even if they thought there was a chance that it would “catch on”, when it didn’t it should have been replaced. What’s so difficult about that?

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